Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-02-08
PUTS HIS FOOT DOW N.
JUDGE HUGHES OPPOSED TO TRYING
VIRGINIA CASES IN BALTIMORE.
A Calm and Respectful, but Very Decided
Letter from Him on This
Subject.

SUBJECT WHICH IN vi Breht inVcico' y" VIZ
people Of Virginia:
NORFOLK, Va
UNITED STATES CoURT-ROoMs,
9TH February, 1887.
Hon. Rufus A. Ayers. AttOney-Gene-
raj Of Virginia, and William Il.
RoydU, Esq:
Gentlemen,-I received your tele-
gram Of Saturday asking me 10 suggest
a day for a joint hearing by Judge Bond
and myself, in Baltimore, OF cases pend
ing in the Circuit Court Of this district.
was too much occupied all of that day
to consider reply.
| now have to say that / am unwlll-
ing to unite in holding sessions Of the
Circuit Court Of this district in Balti-
more for the hearing and determining
of any case or motion pending IN this
district Our jurisdiction is wholly
statutory, and no provision can be found
in all the acts of Congress authorizing
extra-iurisdictiona sessions of the Cir
cnit Court OF any district. In the abb
sence of such provision of law, con
sent of parties cannot give jurisdiction.
The hearing of mere argument IN cases
affecting only the private interests OF
private persons may be had but no
order that We could determine upon,
frame. and sign in Baltimore, in cases
pending here, of the public moment
attaching to those you have it in con
templation to consider there, could
have any validity, unless entered here
in open court, after full opportunity
given to all parties in interest to be
heard here. Publicity is the best sane
ton of court proceedings-the publicity
of open contestation in open court he'd
in the community in which the cause
arises. The holding of sessions and
hearing Of causes in places dehors that
jurisdiction is the holding and hearing
Them in secret. and covering them with
that secrecy in Judicial administration
which the common law, which Is the
best inheritance of our race, abhors.
There is no necessity for such anoma-
lous sessions of the Circuit Court. The
law is careful to provide for the con
tinual presence in each district OF
Judge, (the District judge whom it
qualities to conduct all the business OF
its District and Circuit Courts. This
Judge is an institution as old rs the judi
ciary system of the United States Itself,
established in 1879. Upon him the law
devolves the laboring oar; him it charges
with the direction and conduct of the
| business of the district and not until
eighty years after the establishment OF
| the system did the law give him any
Int the most casual assistance IN the
performance of his work. There IS,
therefore, no necessity for these extra
territorial sessions, so destitute OF statu-
tory sanction, so liable to abuse, and so
destructive of the sense of response
biity secured by that publicity which Is
intended to be an inseparable incident
of all judicial procedure.
Therefore, you need not take my
presence into account in any arrange
ments You may choose to make for a
hearing in Baltimore Of motions and
causes pending in this district. ! shall
not attend such a session OF the court.
assume that the cases to which you
refer in your telegram are the motion
and cases that were set down for hear
ing at Alexandria on the 1lth ultimo.
thought ought to be present on the
bench at the hearing OF MIR. Royal
motion to repeal my rule, entered on
the 21st Of December at Richmond, re-
curing the deposit with the clerk OF
the coupons rendered for taxes 10y
Plaintiffs in trespass suits. The object
| had in being on the bench can be as
well accomplished in that matter 10y
filing n statement in writing OF my rea-
sons for denying the motion to repeal.
| therefore enclose herewith such a
statement in writing, and request you,
after reading it, to file it with the clerk
at Richmond.
As have not time to reserve a copy
Of this letter and of the writing en-
closed. / will thank you to have . copy
Of each made and sent to Judge Bond
in Baltimore. Yours most respect
fully, 10. W. HUGHES
FACTS n THE CASE.
When the mandamus case came on
TO be heard in December the Attorney
General desired Judge Hughes to pro
ceed with the hearing, but he declined
to proceed without Judge Bond, and
the case was postponed until January
18th at Alexandria.
Mr.. Royal applied to Judge Bond
for an injunction against the Board OF
Indemnify. and moved him to revoke
the special rule in coupon cases adopt
ed by Judge Hughes, and both of thess
motions were set down for argument on
the llth of January at Alexandria with
the mandamus case.
When the cases were called az Alex
andria on the 1lth Of January the At
torney-General announced his readiness
TO proceed with them, but as MIR.
Tucker could not be present the Cour
decided to continue them until April
with permission to counsel to agree OF
an earlier day for the hearing, Judg'
Bond stating that if the cases were hear,
before April they must be heard in Bal
timore. The Governor and the Statt
officials desired a speedy decision, anC
as Judge Bond would not fix upon any
other place than Baltimore the case
had to stand continued or be hearC
there.
The Attorney General, pursuant t
the desire Of the Governor and othe
State officials, succeeded in having
day set for the hearing upon three dit
ferent occasions, but each time thert
has been failure to hear them. L
is not probable that any day will nov
be agreed on before March, and tn,
hearing will probably be in Richmond
AN OPINION FROM JUDGE HUGHES.
The opinion referred to by Judg
Hughes is one of the most vigorous pa
pers the Judge has ever written. i
takes the ground that it is the law an'
the practice that the thing tendere'
shall be brought into court, and that NJ
honest purpose can be interfered witt
in requiring-as his order does-tha
where there is suit for trespass the cou
pons alleged TO have been tendere'
Shall be deposited With the clerk.
Mortuary Statistics.
The whole number of deaths in tn
city last week was 42-whites, 10; co
lored, "a. Rate of mortality Of who'll
| OF nor 4 nm tApr an